Will a Green Card Application help E2 visa

[victoria]

My husband is living in the UK waiting for his E2 Visa to be reviewed (week 20 & counting). I'm here on an H1B, my company have offered to apply for a Green Card for me - do you think that this would help at his interview? I'm loathe for my Company to start the process & incur the expense when we don't know the outcome of my husband's Visa.

Many thanks

[Bobby]

I don't think so.

Even if you HAD a green card in hand, it could be looked at that your husband is looking to move to the US indefinitely, and that is not what the E-2 visas purpose is. So I probably wouldn't mention it.

His visa application will be judged on his qualifying criteria and being married to a green card holder would have no bearing whatsoever on the application.

I am married to a green card holder and have a US citizen daughter, neither of which were mentioned in my L-1 visa paperwork, or interview.

Your husband can certainly mention that you are in the US right now on the H1B, but telling them that you are at the application for green card stage would probably do you more harm than good, IMHO.

Good Luck

Bobby

[victoria]

Thanks so much. I don't particularly want a Green Card (we're not looking to stay here permanently).
Given this, should husband be upfront about fact that looking at E2 for a 3-5 yr term? Attorney has given us v little advice on how to handle interview

[pegasus]

Hi
our daughter has a green card (and a US citizen daughter) her husband applied for a visa and was told by the embassy, that as he is married to a green card holder it was taken that his intent was to live in the USA permanently and thus there are NO non immigrant visa allowable. he has to travel on a visa waiver (4 times so far) until the 3 year application time limit has expired . The CBP POE officer agreed with the embassy and also added that he should always carry all docs related to his residency application (when entering he USA), and as long as he returns to the uk before VW expires should have no issues re-entering as often as required.
B Rgds

Neil

[victoria]

so does he not work? (sorry, lost at the 3 year expiration that you're referring to)

[pegasus]

Victoria,
Absolutely he does not work (he will dispute that as all housewives will) he looks after our grand-daughter and the home (househusband)
The 3 year bit, is that there IS a visa for spouse of LPRs which allows them to live and work here until approved, however the catch is you have to have filed for a period of 3 years before being eligable.
B rgds

Neil

[JulieC]

It shows immigrant intent and E2 isnt a visa of dual intent, it could actually harm your renewal not help it.

[Bobby]

Victoria,
Absolutely he does not work (he will dispute that as all housewives will) he looks after our grand-daughter and the home (househusband)
The 3 year bit, is that there IS a visa for spouse of LPRs which allows them to live and work here until approved, however the catch is you have to have filed for a period of 3 years before being eligable.
B rgds

Neil

Hi Neil,

Can you clarify what the filing is for this please, for all of those interested?

I went to USCIS last week and they said that it's taking 6 years for a spouse of LPR to get here and if they are here to begin with, they have to remain in status in another qualifying condition.
I know that a few years ago my friend (a LPR - green card) wife had to go back every 3 months for a 2 year period before she got proper status.

I asked the Immigration Officer at Tradeport Dr and he said to me that it wasn't possible to stay here whilst married to a green card holder. I'd asked about the sponsorhsip visa which looks like it's perfect for this, but he was pretty adamant about maintaining status through another visa whilst here.

Anyone experienced anything different??

Thanks,

Bobby

[pegasus]

Hi,
The CBP officer told them the wait would be 8 years plus as it frequently has been backed due to the allocation of GCs to higher priorities.
During the period from filing for a GC and receiving a processing number (not the receipt number which is on the piece of paper you get from them after a couple of months) you have to wait three years before you can apply for a V-1 visa which allows you to stay here and work, up until then, things get a Little complex and depends on a number of things (thats why you should use an attorney), but simply you must stay legal if you want to go in and out without too much more than the usual hassle.
The CBP officer actually advised my daughter to naturalize asap and that would speed things up as then her husband moves into another category, although she has had her GC for 10 years she went to uni in the UK therefore lost the time in country requirement.
Before you ask, a citizen cannot sponsor an "in-law", we asked already

B rgds

Neil